A Forward-Thinking Firm

Ways to defend against workplace discrimination claims

| Feb 23, 2021 | Employment Law |

Workplace discrimination continues to find itself at the forefront of the news. Allegations against employers are made on a daily basis, which leaves a lot of businesses concerned about what kind of claims they could see in the future. But it’s important to realize that a lot of workplace discrimination claims involve actions that aren’t discriminatory at all. This is why if you or your business has been accused of discriminatory practices, then you should consider the defense options at your disposal.

Decisions were made for non-discriminatory purposes

There can be a number of factors taken into consideration when making an employment decision. Sometimes those reasons are misconstrued as discrimination. For example, an individual can be passed over for promotion if there are others who are more qualified for the position. To show that a decision was based on this factor rather than on discriminatory purposes, you and your business should keep detailed records and ensure that the criteria for the employment decision is clear to all of those involved.

Defending against disparate impact

A lot of discrimination claims are based on disparate impact, meaning that a seemingly neutral work policy tends to affect members of a certain racial, religious, gender, age, or other protected class of people. Here, an employer may be able to claim that the employment policy or practice in place is directly related to the job and necessary for business operations. In other words, the practice or policy in place must be reasonable, and the practice must be non-discriminatory and legitimate.

Know your options under the law

These employment law matters can be quite complicated. But there’s too much on the line to risk using a mediocre defense. After all, your finances and reputation could be at stake. That’s why competent legal teams like ours stand ready to help businesses implement practices to avoid workplace discrimination claims and aggressively defend against them. If your concerned about this issue, then now may be the time to meet with an attorney who you feel will properly represent your interests.